1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. HURD
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Notwithstanding a change of park owner or manufactured home owner, a park owner shall not collect an increase in pad rental until 12 months have expired following
(a) the date the pad rental for that manufactured home owner became effective, or
(b) where there has been no previous increase in rent for that manufactured home owner, the date the existing pad rental was first established.
2 The park owner shall give the manufactured home owner written notice of a pad rental increase not less than 6 months before the date the increase is to be effective.
3 Monthly pad rental increases shall be no greater than the actual increase in annual operating costs divided by 12 and pro-rated among the manufactured home owners who live at the park.
4 Where a manufactured home owner or group of manufactured home owners dispute the rent increase, an appeal lies to the rentals mediator whose decision shall be final.
5 (1) The park owner may apply to the rentals mediator for a further pad rental increase where
(a) major rehabilitation works have been completed;
(b) repairs or rehabilitation works have been completed to comply with a written order from the rentals mediator, the fire department, the local public health officer or any other person authorized by the Minister.
(2) To be eligible for an increase under subsection (1), the major rehabilitation works must have been completed within a year of the effective date of the proposed increase and authorized prior to commencement by a person named in subsection (1).
(3) If the rentals mediator awards an increase under subsection (1), the costs shall be amortized over 5 years and divided by the number of pads benefiting from the improvement or repair.
(4) An allowance of 33% for interest may be included in the amount of subsection (3) except where the repair or renovation was carried out to comply with the order of a person named in subsection (1).
6 Where a park owner bona fide requires a manufactured home park for the purpose of conversion to any other use or demolition the landlord shall give not less than 365 days notice of termination of the existing pad rental agreement.
7 (1) The approval of a municipality or regional district is required before serving notice under section 8.
(2) If approval is not obtained before notice is given under section 8 the notice is void.
(3) A municipality or the regional district receiving an application from a park owner to convert a manufactured home park shall notify the park residents forthwith.
8 (1) When termination notice is served by the park owner, the park owner shall pay the manufactured home owner $100 for each month of their residence to a maximum of $10,000 in recognition of the stress and inconvenience and moving expenses incurred in relocation.
(2) If compensation is not paid at the time the termination notice is served, the notice is void.
9 Manufactured homes on rented pads shall be deemed a residence for the purposes of Shelter Aid for Elderly Renters benefits.
10 Where there is a conflict between this Act and any other Act, this Act shall prevail.
11 This Act comes into force by regulation of the Lieutenant Governor in Council.
The purpose of this Bill is to address the dominant concerns expressed by representatives of more than 160,000 British Columbians who live in manufactured homes and their representations to the Mobile Home Task Force:
1 Excessive rent increases;
2 Fear of eviction.
This Bill does 4 things:
1 It provides that actual park owner operating costs may be passed through to the residents of the park in the form of rent increases.
2 It provides that the costs of any park improvements and major repairs may be passed throughout to the residents with payments amortized over 5 years and divided equally among all the residents of the park. An interest allowance of 33% may be included in the pro-rated sum, provided that the major repairs are not undertaken to comply with an order of a health officer of the Residential Tenancy Branch.
3 It provides safeguards for manufactured home owners when the park is proposed for redevelopment. All municipal or regional district approvals must be obtained before eviction notice can be issued. The notice period is extended from 6 months to one year and the developer must pay reasonable compensation for the stress and inconvenience and actual moving expenses up to $10,000 per pad.
4 It affords elderly manufactured home owners who rent pads to be afforded protection from undue economic hardship by extending to those who qualify, Shelter Aid for Elderly Renters benefits.
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Copyright © 1992: Queen's Printer, Victoria, British Columbia, Canada